New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-04-30
PRICE THREE CENTS.
SURPRISED BY EXECUTORS
THE TILDEN ESTATE CONVEYED TO THE
TILDEN TRUST.
ACTION WHICH MAY PREVENT THE HEIRS FROM
GErrING aNxrur>c 1.urr LIZ rurx ,utx rxr

| sCIT-WHAT GEORGE ii. TILDENS LAWYER SAYS.
The Tilden viii case, even before it has reached
the court calendar has been series of surprises
Yesterday another surprise added to the list
and one which was especially unexpected to those
who had followed the course of the proceedings
at Albany prior to the passage by the Legislature
of the act incorporating tho Tlden Trust-whcn
the executors Of Samuel J. Tildens will executed
conveyance of all the residuary estate of tho
testator to the Tlden Trust
The conveyance recites tho provisions OF the
will respecting the objects for which the IYlden
Trust is to be incorporated, and the fact that an
act Of incorporation has been passed by the
Legislature and approved by the Governor. and
that tho executors and trustees have appointed as
cotrusteos with them Stephen A. Walker, United
States District-Attorney for southern New-YorlS,
and Alexander e. Orr, of the firm of David Dows
Co., who have accepted the appointment.
The 1iden Trust undertakes in the same in
strument to apply the property conveded, which
is asserted TO be valued at not more than S. 000-
O0O to the purpose of the establishment and main
tenance Of free library and reading room in the
City of NcwYorl<, and to reserve o sufficient sum
out of the property 10 secure against loss any Oh
the other trusts appointed by the win from any
shrinSagO OF securities.
The course taken by Andrew II. Green, John
Bigeow and George w. Smith, the executors OF
variance with the statements which they and
their counsel, ex-Judgo George f. ComstocS and
MessTs. Carter and Ledyard, have made both 10
reporters and before the committees Of the Legis-
lature who heard arguments for and against ths
bill incorporating the Trust. The chief objection
made by George II. Tden the plaintiff in the
action brought to decide as to the validity of the
clause of the will providing for the Trust, through
his attorney, Delos McCurdy, of the firm of Van
derpoel Green Cunning, TO the passage OF tho
act was that it would give the executors an oppcr-
tunity to convey the property out of their hands
into the Golfers Of corporation which might dis
spate ID, and that then, In the portion Of tho
will providing for the Trust should be declared
invalid and imperative the personal responsibility
Of the executors would be all he would have ia
depend upon.
Mcssrs Green Comstoc< ard Carter several
times emphatically denied that it their infcn-
tion to take such step, and it mainly
through their promises, probably, that the ell
was allowed to become law.
At the he aring before the Senate Judiciary COM
mttee. be fore the bill was submitted to the Senate
for approval, Messrs Comstock and Carter testified
as length as to the effect which the passage of tle
bill would have upon the litigants. In the coErse
of the proceedings Senator Smith one of the
mittee, asked:
"Now, supposing that this legislation is cad
and the corpora ion is created what would th9o
be IN the way 20 prevent the trustees from gong
on and building the buildings. buying the property
and investing in books, and putting this remainder
right into the library could these heirs get an IN
junction !"
" see no legal obstacles whatever, in case ths
act is passe ~ was Mr. Csrters reply
Mr. Comst0ck answered the question more ~
length. What he said is given here exactly as re-
ported bY the commuters sten0grapher:
do not know should ANYTHING else
dss ssa do aspects S say = nosus S case ADA
the general ARGUMENT n n Ga favor Of inI. .ssss
s34 @ yS Gs
las sos 5saif to Hs s'd
gs fa these STs apS an are n Of Oa snoe
sensible e
sg SSfg s nn : ss.Ch fRS pr S Hs
SS. ss.;'' sRSss Dsq ~:
s f55i $s .,s:.
9s i to 6is insSTpoaied Trust mat !. yad T5s'
n'T valid SS % held & e lGr
Sn 5GT eHe sy % the entitled s to & My %nsS s
Sa 1 S deliver oN % sy & "a count for if Il
deliver tGE he 9Tgo,' S & e this Ms, r; Sst0Ts q:
do il at their peril and they know that II they deliver t
"hsGS SR and RS
& as %r That would be er POSITION What would " me-
Of yggy G" q s s rTopsG G Sg 70
delivery Thcy been adeed 10 do sueA alas
When ex-Judge COmstock had concluded Nr.
Carter SAID among other things: concur entirely
in the opinion of Judge COmstock."
TIE fact that the con yeyance had been eyecLpd
was first ma ie known to Mr. McCIIdy v ho has h. d
charge of George II. Ttlden's case from the tiss
that the first papers were served, by TRIBUNE re-
= / am amazed" he said. after hearing the STAKE
meuts made by Judge Co,nstock and Mr. Carhr
before the Senate judiciary Commttee | had Nof
looked for move of this sort Among layy@sa
mans word is as good as his bond. II lavger
comes to me and asks for an extension OF time N
his case ii | say yes he knows thatl mean it aad
he does no require any paper recltng the stipu;1-
ton. When Judge Constock and Mr. Carter sid
that the executors would not convey the residusry
property to the Trust, believed them. Had ttcY
not made sch promise | would have applied tor an
Injunction restrainirg them from transferring the
estate. Under the circumstances. however, It waf
hardly possible for to do such thing. How
could swear that believed that the executors IN
tended to dispose OF the property after thelr II
iorneys had publicly said that they had never bssg
advised TO do such thing and never wonld bef'
Why, | would be characterized as a pe-JurerHi
made such statement under oath. This statefosnt
of Judge COmstock and Mr. Carter would be b<.a
and in ev the St sxacy
said tLey would not .
il is said that one of the obi ects OF the attorseys
for the executors in having the property trsss-
ferred to the Trust is to make the will contest ae
nearly analogous possible TO the Roosevelt sll
cage In the latter the question was raised aftsr
tho bosnitaI had been incorporated as to whctbsl
the clause of a WILL which directed that moneg ae
paid to CORPORATION which at the time OF ths
death of tie testator had 10 existence. was va1ir
Judge CONS Jock, who the lawyer for ths
plaintiffs, claimed that il was not, but tao courts
decided otherwise. In this one point, however,
the only similarity between tho two cases. Lhe
contested clause in the Roosevelt will provided sof
"A specific sum To be used for specihc purTasss
While that of the Tildcn will leaves the sum and
object TO the discretion of the executors and tsna-
tees The execution of the conveyance VIII dcnos'
iess Gauss further delay in the case, since uis
probaple that Messrs. Carter and Ledyard. IN tssir
answer to the amended complaint served by Ir.
McCurdy last Tuesday and made necessary BY t1c
Jenth of Mrs PeIton, Samuel j. Tilden's sister viii
make some new claims. and when the case conss
into the courts the trustees OF the trust iund VIII
be likely TO demand recognition as defendants
A welLknown lawyer who requested that tls
name should not be used, spoke thus OF the aspects